Grewell v. Henderson

Citations

• 5 Cal. 465

Syllabus

<p>The Practice Act allows a party ten days after the service of the summons, to file his answer, if served in the county; twenty days if out of the county, but within the judicial district; and forty days in all other cases. A non-resident of the State would come under the last clause, and be entited to forty days after the service of the summons.</p> <p>The Practice Act further provides, in relation to service on non-residents by publication, that “ the service of the summons shall be deemed complete at the expiration of the time prescribed by the order of publication.” Held, that the publication only eifects the service of the summons, and the defendant is entitled to forty days after the period of publication, to file his answer.</p>